Penalty

(a)Any person or business who violates any provision of § 61541 or § 61544 of this Chapter shall pay a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation occurring in Residential and Agricultural zones; and a civil penalty of One Thousand Dollars ($1,000) for each violation occurring in Commercial and Industrial zones. CH. 61 ZONING LAW OF GUAM

(1)If a violation is not rectified within ten

(10)business days of receipt of a Notice of Violation from the Department of Public Works, any person or business in violation of §§ 61541 or 61544 of this Chapter shall be subject to a late action civil penalty not to exceed Three Hundred Dollars ($300) per day for each remaining violation.

(2)Failure to pay penalties and to rectify the violations may result in the termination or nonrenewal of the sign permit. Multiple successive violations may be reported by the Department of Public Works to the Department of Revenue and Taxation to rescind or suspend the Department of Public Work’s clearance for the sign-owner’s business license.

(3)The Director of Public Works shall have the authority to waive parts or all of the late action penalty should the violator demonstrate a good faith effort to address the violation in a timely manner; provided, that such waiver is limited to no more than thirty

(30)calendar days.

(4)Actions to recover the penalty provided for in this Section shall be brought by the Attorney General of Guam and may be at the request of any person in Guam. All penalties recovered in any such action shall be paid into the Public Signage Enforcement Fund.

(b)There is created the “Public Signage Enforcement Fund” (Fund). The Fund shall not be commingled with any other fund of the government of Guam or instrumentality of the government of Guam. Expenditures from the Fund are subject to appropriation by I Liheslaturan Guåhan and shall be used solely for the enforcement of this Subarticle.

(c)The Building Official shall implement a penalty schedule on a scale commensurate with the seriousness of the sign violation. Such penalty schedule shall be subject to the Administrative Adjudication Law (5 GCA Chapter 9).

(d)Any person or business, within ten

(10)working days of receipt of a Notice of Violation, may file an appeal of the finding(s) of a violation. The Guam Land Use Commission shall hear and decide appeals relative to any penalty imposed pursuant to this Section. The payment of any penalty shall be stayed during appeals. The Guam Land Use Commission shall promulgate rules and regulations, in compliance with the Administrative Adjudication Law (5 GCA Chapter 9), to implement the appeals process relative to this Section within ninety

(90)days of the enactment of this Act.